NRS 369.625 Development
and contents of curriculum for program; certification and operation of program;
adoption of regulations.

NRS 369.630 Completion
of certified program by certain employees of establishment: Duties of owner or
operator of establishment; notice of civil infraction; payment and disposition
of civil fine; denial of liability for infraction; applicability of provisions.

NRS 369.635 Adoption
by political subdivision of certain requirements or standards prohibited;
exception.

_________

GENERAL PROVISIONS

NRS 369.010“Beer” defined.As
used in this chapter, “beer” means any beverage obtained by the alcoholic
fermentation of any infusion or decoction of barley, malt, hops, or any other
similar product, or any combination thereof, in water.

[Part 1:160:1935; A 1945, 371; 1947, 645; 1943 NCL §
3690.01]

NRS 369.015“Case of wine” defined.As
used in this chapter, “case of wine” means 12 bottles each containing 750
milliliters of wine or an amount equal to that volume of wine.

NRS 369.030“Importer” defined.As
used in this chapter, “importer” means any person who, in the case of liquors
which are brewed, fermented or produced outside the State, is first in
possession thereof within the State after completion of the act of importation.

[Part 1:160:1935; A 1945, 371; 1947, 645; 1943 NCL §
3690.01]

NRS 369.035“Instructional wine-making facility” defined.

1. As used in this chapter, “instructional
wine-making facility” means an instructional wine-making facility operated
pursuant to NRS 597.245.

2. For the purposes of this chapter:

(a) A person who operates an instructional
wine-making facility is not a wine maker or a supplier, brewer, distiller,
manufacturer, producer, vintner, bottler, wholesaler, wholesale dealer,
retailer or retail dealer of wine.

(b) An instructional wine-making facility is not
a winery or a retail liquor store.

1. As used in this chapter, “liquor” means
beer, wine, gin, whiskey, cordials, ethyl alcohol or rum, and every liquid
containing one-half of 1 percent or more of alcohol by volume and which is used
for beverage purposes.

2. Any liquid containing beer or wine in
combination with any other liquor shall not be construed to be beer or wine.

NRS 369.070“Permissible person” defined.As
used in this chapter, “permissible person” means any duly ordained minister who
uses liquor for sacramental purposes, any doctor, apothecary or pharmaceutist
who uses alcohol for or in compounding medicine, or the representative of any
school, university, hospital, clinic or industrial concern where liquor is used
and needed for industrial purposes and not for concocting beverages for drink.

[Part 1:160:1935; A 1945, 371; 1947, 645; 1943 NCL §
3690.01]

NRS 369.090“Retail liquor store” defined.As
used in this chapter, “retail liquor store” means an establishment where beers,
wines and liquors, in original packages or by the drink, are sold to a
consumer.

NRS 369.100“Sale” and “to sell” defined.As
used in this chapter, “sale” or “to sell” means and includes any of the
following:

1. To exchange, barter, possess or traffic
in;

2. To solicit or receive an order for;

3. To keep or expose for sale;

4. To serve with meals;

5. To deliver for value or in any way
other than gratuitously;

6. To peddle;

7. To possess with intent to sell;

8. To transfer to anyone for sale or
resale;

9. To possess or transport in contravention
of this chapter;

10. To traffic in for any consideration,
promised or obtained directly or indirectly; or

11. To procure or allow to be procured for
any reason.

[Part 1:160:1935; A 1945, 371; 1947, 645; 1943 NCL §
3690.01]

NRS 369.111“Supplier” defined.As
used in this chapter, “supplier” means, with respect to liquor which is brewed,
distilled, fermented, manufactured, rectified, produced or bottled:

1. Outside the United States:

(a) The brewer, distiller, manufacturer,
producer, rectifier, vintner or bottler of the liquor, or his or her designated
agent; or

(b) The owner of the liquor when it is first
transported into any area under the jurisdiction of the United States
Government, if the brewer, distiller, manufacturer, rectifier, producer,
vintner or bottler of the liquor, or a designated agent of such a person, has
not designated an importer to import the liquor into this State;

2. Within the United States but outside
this State, the brewer, distiller, manufacturer, rectifier, producer, vintner
or bottler of the liquor, or his or her designated agent; or

3. Within this State, the distiller,
manufacturer, rectifier, producer or bottler of the liquor or his or her
designated agent.

NRS 369.130“Wholesale dealer” and “wholesaler” defined.As used in this chapter, “wholesale dealer” or
“wholesaler” means a person licensed to sell liquor as it is originally
packaged to retail liquor stores or to another licensed wholesaler, but not to
sell to the consumer or general public.

NRS 369.155Standards for determining whether alcohol is used as fuel or
liquor.The requirements of this
state for determining whether alcohol is produced for use in or as a motor
vehicle fuel or for use in or as liquor are the same as the requirements of the
Bureau of Alcohol, Tobacco and Firearms of the United States Department of the
Treasury.

NRS 369.160Money for administration of chapter.Funds
for the administration of the provisions of this chapter shall be provided by
direct legislative appropriation from the General Fund upon the presentation of
budgets in the manner required by law.

[Part 21:160:1935; A 1945, 371; 1949, 67; 1951, 75]

NRS 369.170Liquor Tax Account: Remittances; refunds.

1. All revenues required to be paid to the
State under this chapter must be paid to the Department in the form of
remittances payable to the Department. The Department shall deposit the
payments in the State Treasury to the credit of the Liquor Tax Account in the
State General Fund.

2. The Department shall indicate the
amount, if any, which is derived from the tax on liquor containing more than 22
percent of alcohol by volume.

3. Upon order of the State Controller,
money in the Liquor Tax Account must be drawn therefrom for any refunds under
this chapter.

NRS 369.173Distribution and apportionment of money collected from tax on
certain liquor.The Department
shall apportion, on a monthly basis, from the tax on liquor containing more
than 22 percent of alcohol by volume, the portion of the tax collected during
the preceding month which is equivalent to 50 cents per wine gallon, among
Carson City and the counties of this state in proportion to their respective
populations. The State Controller shall deposit the amounts apportioned to
Carson City and each county in the Local Government Tax Distribution Account
created by NRS 360.660 for credit to
the respective accounts of Carson City and each county.

NRS 369.174Transfer of money collected from tax on certain liquor to Tax on
Liquor Program Account.Each
month, the State Controller shall transfer to the Tax on Liquor Program Account
in the State General Fund, from the tax on liquor containing more than 22
percent of alcohol by volume, the portion of the tax which exceeds $3.45 per
wine gallon.

NRS 369.175Applicability of chapter.This
chapter shall not apply to common carriers, while engaged in interstate
commerce, which sell or furnish liquor on their trains, buses or airplanes.
Common carriers, while engaged in interstate commerce, which sell or furnish
liquor on their trains, buses or airplanes, may purchase liquor from licensed
Nevada wholesale dealers subject to rules and regulations of the Department. A
refund or credit for the excise tax paid on such liquor shall be allowed the
wholesale dealer.

1. The provisions of this chapter which
authorize the possession or sale of liquor only by a person who holds a license
issued under this chapter do not apply to an officer or an officer’s deputy who
sells or offers for sale liquor at a sale under execution held pursuant to NRS 21.150.

2. It is not a violation of the provisions
of this chapter if a person who holds a license issued under this chapter
purchases any liquor at a sale under execution held pursuant to NRS 21.150.

1. An application for any of the licenses
described in NRS 369.180 must be made to:

(a) The board of county commissioners of the
county in which the applicant maintains his or her principal place of business
if the applicant does not maintain his or her principal place of business
within the boundaries of an incorporated city; or

(b) The governing body of the city in which the
applicant maintains his or her principal place of business if the applicant
maintains his or her principal place of business within the boundaries of an
incorporated city.

2. Each application must:

(a) Be made on such form as the Department
prescribes.

(b) Include the name and address of the applicant.
If the applicant is:

(1) A partnership, the application must
include the names and addresses of all partners.

(2) A corporation, association or other
organization, the application must include the names and addresses of the
president, vice president, secretary and managing officer or officers.

(3) A person carrying on or transacting
business in this state under an assumed or fictitious name, the person making
the application must attach to the application:

(I) A certified copy of the certificate
required by NRS 602.010 or any renewal
certificate required by NRS 602.035.

(II) A certificate signed by an
officer of the corporation or by each person interested in, or conducting or
carrying on such business, or intending so to do, and acknowledged before a
person authorized to take acknowledgments of conveyances of real property,
indicating the name of the authorized representative whose signature may be
required on the license under the provisions of this chapter.

(c) Specify the location, by street and number,
of the premises for which the license is sought.

(d) Be accompanied by the annual license fee
required for the particular license for which application is made.

3. The board of county commissioners or
the governing body of a city, as applicable, shall examine all applications
filed with it, and shall require satisfactory evidence that the applicant is a
person of good moral character.

NRS 369.200Approval or disapproval of application by board of county
commissioners or governing body of city; issuance of license; new hearing.

1. The board of county commissioners or
the governing body of a city, as applicable, shall approve or disapprove
applications. If an application is disapproved by the board of county
commissioners or the governing body of a city, the board or the governing body,
as applicable, forthwith shall return the license fee accompanying the
application to the applicant. If the board of county commissioners or the
governing body of a city approves an application, the board or the governing
body, as applicable, shall forward it to the Department, together with the
board’s or the governing body’s written approval thereof and the license fee
accompanying the application.

2. Upon receipt thereof the Department
shall review the application and approval, and, if no further objections are
presented or known, shall issue the appropriate license to the applicant.

3. In its discretion, the Department may
grant an applicant whose application has been disapproved a new hearing before
the Department if it shall be made to appear to the Department that the
decision of the board of county commissioners or the governing body of a city,
as applicable, was arbitrary, unreasonable or unjust.

NRS 369.230Recommendation of suspension or revocation of license by board
of county commissioners or governing body of city; grounds.The board of county commissioners or the
governing body of a city, as applicable, may, upon its own motion, and shall,
upon the verified complaint in writing of any person, investigate the action of
any licensee under this chapter, and shall have power to recommend the
temporary suspension or permanent revocation of a license for any one of the
following acts or omissions:

1. Misrepresentation of a material fact by
the applicant in obtaining a license under this chapter;

2. If the licensee violates or causes or
permits to be violated any of the provisions of this chapter;

3. If the licensee commits any act which
would be sufficient ground for the denial of an application for a license under
this chapter;

4. If the licensee sells liquor to a
wholesaler or retailer who is not a holder of a proper license or permit at
such time; or

5. If the licensee fails to pay the excise
tax or any penalty in connection therewith, in whole or in part, imposed by
law, or violates any regulation of the Department respecting the same.

NRS 369.240Complaint against licensee: Issuance and service of citation;
effect of failure to answer.

1. Upon the filing with the board of
county commissioners of the county in which a licensee maintains his or her
principal place of business or with the governing body of the city in which the
licensee maintains his or her principal place of business if the licensee
maintains his or her principal place of business within an incorporated city of
a verified complaint charging the licensee with the commission, within 1 year
prior to the date of filing the complaint, of any act which is cause for
suspension or revocation of a license, the board of county commissioners or the
governing body, as applicable, forthwith shall issue a citation directing the
licensee, within 10 days after service thereof upon him or her, to appear by
filing with the board of county commissioners or the governing body, as
applicable, a verified answer to the complaint showing cause, if any he or she
has, why his or her license should not be suspended or revoked. Service of the
citation with a copy of the complaint shall be made upon the licensee as
provided by the Nevada Rules of Civil Procedure for the service of process in
civil actions.

2. Failure of the licensee to answer
within the time specified shall be deemed an admission by the licensee of the
commission of the act or acts charged in the complaint. Thereupon, the board of
county commissioners or the governing body of a city, as applicable, shall give
written notice of the failure of the licensee to answer to the Department. The
Department forthwith shall suspend or revoke the license, as the case may be,
and shall give notice of such suspension or revocation by mailing a true copy thereof,
by United States registered or certified mail in a sealed envelope with postage
thereon fully prepaid, addressed to the licensee at his or her latest address
of record in the office of the Department.

NRS 369.250Time and place of hearing; notice.Upon
the filing of the answer, the board of county commissioners or the governing
body of a city, as applicable, shall fix a time and place for a hearing and
give the licensee and the complainant not less than 5 days’ notice thereof. The
notice may be served by depositing in the United States mail a true copy of the
notice enclosed in a sealed envelope with postage thereon fully prepaid,
addressed to the licensee and to the complainant, respectively, at their last
known addresses. With the notice to the complainant there shall be attached or
enclosed a copy of the answer. If either party has appeared by counsel the
notice shall be given, in like manner, to counsel instead of to the party.

NRS 369.260Hearing; decision; notice of recommendation; action by
Department of Taxation upon recommendation of suspension or revocation.

1. Upon the hearing, the board of county
commissioners or the governing body of a city, as applicable, shall hear all
relevant and competent evidence offered by the complainant and by the licensee.

2. After the hearing is concluded and the
matter submitted, the board of county commissioners or the governing body of a
city, as applicable, shall, within 10 days after such submission, render its
decision in writing recommending the suspension or revocation of the license,
or dismissing the complaint, with a statement of the board’s or the governing
body’s reasons therefor.

3. The board of county commissioners or
the governing body of a city, as applicable, shall give to the complainant and
to the licensee, or their respective attorneys, notice of such recommendation,
by mail, in the same manner as prescribed in this chapter for the giving of
notice of hearing.

4. A copy of the decision of the board of
county commissioners or the governing body of a city recommending the
suspension or revocation of a license shall be transmitted forthwith by the
board or the governing body, as applicable, to the Department. Thereupon, the
Department shall cause the license to be suspended or revoked and shall give
notice thereof in the same manner as provided in NRS
369.240.

NRS 369.270New hearing before board of county commissioners, governing body
of city or Department; final order.

1. Notwithstanding any other provision of
this chapter, before suspending or revoking any license, the Department, in its
discretion, may:

(a) If the licensee has not appeared pursuant to
the provisions of NRS 369.240, permit the licensee
to appear before the board of county commissioners or the governing body of a
city, as applicable, and make a showing on his or her behalf if it is made to
appear to the Department that the licensee’s neglect to appear before the board
of county commissioners or the governing body was excusable.

(b) If a hearing was had, grant the licensee a
new hearing before the Department if it shall be made to appear to the
Department that the decision of the board of county commissioners or the
governing body of a city, as applicable, was arbitrary, unreasonable or unjust.

2. After any new hearing before the
Department, the Department shall enter a final order revoking or refusing to
revoke the license affected.

1. Notwithstanding any other provision of
this chapter, the board of county commissioners or the governing body of a
city, as applicable, shall have the right to suspend or revoke summarily any
license in cases appearing to it to be of an aggravated and flagrant violation
of law.

2. On request, in all such cases, the
Department shall conduct a hearing covering the proceedings and evidence, if
any, before the board of county commissioners or the governing body of a city,
as applicable, and any additional evidence offered by the board of county
commissioners, the governing body or the licensee.

3. The hearing before the Department shall
be had on reasonable notice of time, place and subject matter to the licensee
and the board of county commissioners or the governing body of a city, as
applicable, and the Department shall decide the matter without delay by either
confirming, modifying or setting aside the action of the board of county
commissioners or the governing body, as applicable.

4. If the Department finds that a licensee
is violating any of the provisions of this chapter, the Department may issue a
summary suspension of the violator’s license. The Department shall notify the
board of county commissioners or the governing body of a city, as applicable,
of such suspension. Within 10 days after such notice the Department shall
conduct a public hearing in the matter in the appropriate county or city, as
applicable. The board of county commissioners or the governing body of a city,
as applicable, may appear before the Department at the hearing.

NRS 369.290Renewal of cancelled license.Upon
a subsequent written recommendation of the board of county commissioners or the
governing body of a city, as applicable, setting forth that the licensee has
shown proper cause in the opinion of the board of county commissioners or the
governing body, as applicable, the Department may renew any license cancelled
as provided in this chapter.

1. All license fees are due and payable on
July 1 of each year. The license fees must be paid to:

(a) If the licensee does not maintain his or her
principal place of business within the boundaries of an incorporated city, the
county in which the licensee maintains his or her principal place of business;
or

(b) If the licensee maintains his or her
principal place of business within the boundaries of an incorporated city, the
city in which the licensee maintains his or her principal place of business.

2. If the licensee does not pay the
license fees before July 15 of each year, the license may be cancelled by the
Department. Between July 15 and July 31 of each year, the fee may be paid with
a penalty of 5 percent added to such fee. If the fee and penalty are not paid
by July 31 of each year, the license shall be cancelled automatically.

3. If any license is issued at any time
during the year other than by July 15, the fee shall be for that proportionate
part of the year that the license will be in effect, which in any event shall
be for not less than one quarter of a year.

4. No license shall be dated other than on
the 1st day of the month in which it is granted.

NRS 369.320Counties, cities and towns not prohibited from requiring
licenses.Nothing in this chapter
shall be deemed to prohibit any county, city or town in Nevada from requiring
an importer or seller of liquor to obtain a local license before engaging in
such business.

[Part 17:160:1935; A 1945, 371; 1943 NCL § 3690.17]

EXCISE TAXES

NRS 369.330Levy, collection and amount of tax.Except
as otherwise provided in this chapter, an excise tax is hereby levied and must
be collected respecting all liquor and upon the privilege of importing,
possessing, storing or selling liquor, according to the following rates and
classifications:

1. On liquor containing more than 22
percent of alcohol by volume, $3.60 per wine gallon or proportionate part
thereof.

2. On liquor containing more than 14
percent up to and including 22 percent of alcohol by volume, $1.30 per wine
gallon or proportionate part thereof.

3. On liquor containing from one-half of 1
percent up to and including 14 percent of alcohol by volume, 70 cents per wine
gallon or proportionate part thereof.

4. On all malt beverage liquor brewed or
fermented and bottled in or outside this state, 16 cents per gallon.

1. In addition to the excise tax provided
by NRS 369.330, there is hereby levied and shall be
collected upon all liquor containing more than 22 percent of alcohol by volume
imported into this state after July 1, 1965, an excise tax in the amount of
$1.50 per wine gallon.

2. The tax imposed by subsection 1 shall
not be levied or collected unless the federal gallonage tax imposed by 26
U.S.C. § 5001 is reduced to $9 per gallon and shall not be levied or collected
on any liquor for which a federal gallonage tax of $10.50 per gallon has been
paid.

NRS 369.335Exemption for sale of liquor by licensed wholesale dealer to
certain instrumentalities of Armed Forces; credit or refund.

1. No excise tax may be imposed upon the
sale of liquor by licensed wholesale dealers to the following instrumentalities
of the Armed Forces of the United States, organized under Army, Air Force or
Navy regulations, and located upon territory within the geographical boundaries
of the State of Nevada:

2. If any wholesale dealer pays the tax on
liquor which was exempt at the time it was sold, the taxpayer may obtain a
credit or refund with respect to the tax so paid in the manner provided by the
Department.

NRS 369.340Liquor sold to permissible persons exempt from tax.It is hereby declared to be the intent of this
chapter that no excise tax shall be imposed on liquor sold to permissible
persons, and the Department, in computing the excise tax to be paid on liquor,
shall make rules for refunds or credits to be allowed to any importer making a
satisfactory showing of such sales.

NRS 369.345Exemption for certain wine produced on premises of instructional
wine-making facility; credit or refund.

1. No excise tax may be imposed upon wine
produced on the premises of an instructional wine-making facility if the wine
is used, consumed or disposed of on the premises of the facility or distributed
to persons for household or personal use in the manner authorized by NRS 597.245.

2. If a person pays the tax on any wine which
is exempt from the tax pursuant to this section, the person may obtain a credit
or refund with respect to the tax so paid in the manner provided by the
Department.

NRS 369.350Security for taxes: Bonds and deposits; waiver of requirement.

1. Each licensed importer, brewer or wine
maker shall furnish a bond executed by him or her as principal, and by a
corporation qualified under the laws of this State as surety, payable to the
State of Nevada, and conditioned upon the payment of all excise taxes due or to
become due from him or her under the provisions of this chapter. Each bond must
be in a principal sum equal to the greatest excise tax paid by the importer,
brewer or wine maker in any quarter of the preceding year, or if such a
standard is not available, then in a sum required from a licensee operating
under conditions deemed comparable by the Department. In no case may a bond be
for an amount less than $1,000. When cash or a savings certificate, certificate
of deposit or investment certificate is used, the amount required must be
rounded off to the next larger integral multiple of $100.

2. In lieu of a bond a licensed importer,
brewer or wine maker may deposit with the Department, under such terms as the
Department may prescribe, a like amount of lawful money of the United States or
any other form of security authorized by NRS
100.065. If security is provided in the form of a savings certificate,
certificate of deposit or investment certificate, the certificate must state
that the amount is unavailable for withdrawal except upon order of the
Department. The Department shall deposit all cash and bonds of the United
States or of the State of Nevada received pursuant to this subsection with the
State Treasurer as custodian.

3. Notwithstanding any other provision of
this section, upon application and a satisfactory showing therefor, the
Department may, from time to time, increase or decrease the amount of the
required bond, having consideration for the amount of importations made by the
importer or the amount of beer or wine possessed or sold by the brewer or wine
maker, respectively.

4. Notwithstanding any other provision of
this section, the Department may waive the requirement of a bond pursuant to
this section whenever a licensed importer, brewer or wine maker has maintained
a satisfactory record of payment of excise taxes for a period of not less than
5 consecutive years.

NRS 369.370Payment of tax by importers and manufacturers; refund or credit;
discount; extension of time for payment.

1. For the privilege of importing,
possessing, storing or selling liquors, all licensed importers and
manufacturers of liquor in this State shall pay the excise tax imposed and
established by this chapter.

2. If, after the tax is paid on any such
liquor, satisfactory evidence is presented to the Department that the imports
have been actually exported and sold outside this State in a manner not in
conflict with the law of the place of sale, the Department shall direct that a
refund or credit of the tax so paid be made to the taxpayer. The taxpayer shall
report all such exports and imports, and pay the tax on the imports monthly, on
forms and subject to regulations prescribed by the Department.

3. The excise tax imposed by this chapter
is due on or before the 20th day of the following month. If all such taxes are
paid on or before the 15th day of the following month, a discount in the amount
of 0.25 percent of the tax must be allowed to the taxpayer. The Department may,
for good cause, extend for not more than 15 days after the date the tax is due
the time for paying the tax if a request for such an extension of time is
received by the Department on or before the date the tax was due. If such an extension
is granted, interest accrues from the original date the tax was due.

4. The Department shall allow refunds or
credits on any shipments lost, stolen or damaged in transit, or damaged or
spoiled on the premises, may require all claims in connection therewith to be
sworn to and may make ratable tax adjustments, credits or refunds to effectuate
the purposes of this chapter.

NRS 369.382Suppliers: Authority to engage in business of importing,
wholesaling or retailing alcoholic beverages restricted.Except as otherwise provided in NRS 369.386, 369.415 and 597.235, a supplier shall not engage in
the business of importing, wholesaling or retailing alcoholic beverages in this
State.

NRS 369.386Suppliers: Conditions for selling to importer or wholesaler;
designation of importer and agent.

1. Except as otherwise provided in NRS 369.464, a supplier of liquor may sell to an
importer or wholesaler in this State only if:

(a) Their commercial relationship is of definite
duration or continuing indefinite duration; and

(b) The importer is granted the right to offer,
sell and distribute within this State or any designated area thereof such of
the supplier’s brands of packaged malt beverages, distilled spirits and wines,
or all of them, as may be specified.

2. The supplier shall file with the
Department a written notice indicating the name and address of each designated
importer. Each importer shall file with the Department a written acceptance of
the designation.

3. A brewer, distiller, manufacturer,
producer, vintner or bottler of liquor who designates an agent to sell his or
her products to importers into this State shall file with the Department a
written designation indicating the name and address of the agent, and the agent
shall file with the Department a written acceptance of the designation.

NRS 369.388Importer to purchase liquor only from supplier; exception.Except as otherwise provided in subsection 2
of NRS 369.176, a person who holds an importer’s
license or permit may purchase a liquor only from the supplier of that liquor.

1. An importer’s license shall authorize
the holder thereof to be the first person in possession of such liquors within
the State of Nevada after completion of the act of importation of liquors which
are brewed, fermented or produced outside of the State.

2. An importer’s license shall permit the
holder thereof to import liquor to the place specified therein and to no other
place. It shall not authorize the sale or transfer for sale of any type of
liquor. In order to make such sale or transfer the licensee must first secure
the appropriate license or licenses applicable to the class or classes of
business in which that licensee is engaged. The transfer of liquor from a
licensed importer to itself as a licensed wholesaler shall not be deemed a
sale.

1. At all times each importer shall keep
on hand at a fixed place of business in Nevada liquor of a wholesale value of
at least $1,000.

2. All importers, except permissible
persons, shall keep a record of all serial numbers, identifying numbers or
marks of all cases or containers of liquor imported by them.

3. Each importer shall keep in a fixed
place of business in Nevada, in such form as may be recommended by the
Department, a record of all liquor received into the State of Nevada, together
with copies of invoices and a monthly inventory of all liquor on hand on the
last day of each month, if requested so to do by the Department.

4. All such liquor, papers and records
shall be exhibited at any time during business hours, on demand, to the
Department or its agents. Any person preventing or interfering with such
inspection shall be guilty of a misdemeanor.

1. After January 1, 1948, no importer or
consignee of liquors shall import or accept any consignment of liquors labeled
or sold as whiskey, unless the same be straight whiskey or blends of straight
whiskeys aged in charred oak containers for 2 or more years after distillation
and before bottling, or a blended whiskey, unless the same contain not less
than 20 percent of straight whiskey or whiskeys aged in charred oak containers
for 2 or more years after distillation and before bottling, blended with
neutral spirits.

NRS 369.415Licensing of person importing liquor for rectification as
importer; taxation of bulk imports of neutral or distilled spirits after
rectification and bottling.

1. Any person who imports liquor into the
State for the purpose of rectification is an importer and shall be licensed
pursuant to NRS 369.180.

2. A licensed importer of liquor shall
import neutral or distilled spirits in bulk only for the express purpose of
rectification. Rectified alcoholic beverages shall be sold in this State only
after bottling in original packages.

3. Bulk imports of neutral or distilled
spirits shall be taxable only when rectified and bottled in original packages
for sale within the State.

NRS 369.420Seizure and sale of liquor.Any
shipment of liquor which cannot be received or accepted by the consignee for
any reason in law may be seized by the Department or its agents and held
subject to the order of the shipper for its return at the shipper’s expense. If
it is not recovered by the shipper it shall be sold at public auction to any
qualified importer in this state. The proceeds of such sale shall be remitted
to the shipper, less any costs or outlays chargeable, or a lien, upon the
shipment.

1. By regulation, the Department shall
prescribe the form of application for and the form of a certificate of
compliance, which must be printed and distributed to exporters of liquor into
this State to assist them in legally exporting liquor into this State.

2. An intending importer may not legally
receive or accept any shipment of liquor except from a holder of a certificate
of compliance.

3. Before a person may engage in business
as a supplier, the person must obtain a certificate of compliance from the
Department.

4. The Department shall grant a
certificate of compliance to any out-of-state vendor of liquors who undertakes
in writing:

(a) To furnish the Department on or before the
10th day of each month a report under oath showing the quantity and type of
liquor sold and shipped by the vendor to each licensed importer of liquor in
Nevada during the preceding month;

(b) That the vendor and all his or her agents and
any other agencies controlled by the vendor will comply faithfully with all
laws of this State and all regulations of the Department respecting the
exporting of liquor into this State;

(c) That the vendor will make available for
inspection and copying by the Department any books, documents and records,
whether within or outside this State, which are pertinent to his or her
activities or the activities of his or her agents or any other agencies
controlled by the vendor within this State and which relate to the sale and
distribution of his or her liquors within this State; and

(d) That the vendor will appoint a resident of
this State as his or her agent for service of process or any notice which may
be issued by the Department.

5. If any holder of a certificate of
compliance fails to keep any undertaking or condition made or imposed in
connection therewith, the Department may suspend the certificate and conduct a
hearing, giving the holder thereof a reasonable opportunity to appear and be
heard on the question of vacating the suspension order or order finally
revoking the certificate.

6. An applicant for a certificate of
compliance must pay a fee of $50 to the Department for the certificate. On or
before July 1 of each year, the certificate holder must renew the certificate
by satisfying the conditions of the original certificate and paying a fee of
$50 to the Department.

NRS 369.440Certificates for permissible persons.By
regulation, the Department shall prescribe the form of and conditions for
obtaining a permissible person’s certificate, which shall be printed and
distributed on request to any person or representative of any institution,
school, hospital, or church desiring to import liquor for industrial, medical,
scientific or sacramental purposes.

NRS 369.450Importation and delivery of liquor by certain carriers;
transportation of liquor by special permit.

1. Every common carrier and every
regularly operating contract carrier shall make available to the Department a
statement or freight bill for every shipment of liquor into this State,
showing:

(a) The names of the consignor, consignee and
carrier of the shipment;

(b) The date when and place where the shipment
was received; and

(c) The destination of the shipment.

2. The Department may adopt regulations
requiring:

(a) The carrier to:

(1) Cause a person who is at least 21
years of age to sign for the receipt of each such shipment by the consignee,
and to sign a document confirming the delivery of the shipment to the
consignee, before the carrier permits the consignee to remove the shipment from
the point of destination or possession of the carrier; and

(2) Forward to the consignor the signed
document confirming the delivery of the shipment to the consignee; and

(b) The consignor to forward to the Department
the signed document confirming the delivery of the shipment to the consignee.

3. No liquor may be imported into this
State except by a common carrier, a regularly operating contract carrier or a
carrier having a special permit to do so.

4. By special permit, the Department may
authorize the transportation of liquor within this State by means of a
conveyance owned and operated by a licensed importer, or a conveyance owned and
operated by the permittee or another, not being a common carrier or a regularly
operating contract carrier. As a condition of the permit, the Department may
require that a sign be carried on the conveyance, in letters at least 3 inches
high, stating that the conveyance is carrying wholesale liquor by special permit.
Such carriers by special permit are subject to the same rules respecting
reports and deliveries of import liquors as are common carriers and regularly
operating contract carriers.

5. As used in this section:

(a) “Common carrier” means a person who undertakes
for hire, as a regular business, the transportation of liquor from place to
place, and who offers its services to all who choose to employ it and to pay
its charges therefor.

(b) “Regularly operating contract carrier” means
a person who, as a regular business, transports liquor from place to place
pursuant to continuing contractual obligations.

1. Any person violating any of the
provisions of NRS 369.450 or any of the regulations
made by the Department in respect thereto shall, on conviction, be punished as
for a misdemeanor.

2. In addition, any shipment of liquor
transported into or within Nevada by an unauthorized carrier shall be
confiscated and sold at auction to the highest bidder among the licensed
importers in this state. If there is no such bidder, the liquor shall be either
destroyed or disposed of as the Department may see fit. The proceeds of all
such sales shall be classed as revenues derived from this chapter.

NRS 369.462Payment of tax by supplier.A
supplier who ships liquor into this state pursuant to paragraph (b) or (c) of
subsection 2 of NRS 369.490 must pay the excise tax
levied pursuant to NRS 369.330.

NRS 369.464Suppliers of wine: Designation of importer.A supplier who ships wine into this state
pursuant to paragraph (c) of subsection 2 of NRS
369.490 must designate an importer in this state if the supplier:

1. Ships 25 cases or more of wine into
this state in a fiscal year; and

NRS 369.466Suppliers of wine: Payment of fee after shipment of 200 or more
cases.If a supplier ships 200 or
more cases of wine into this state pursuant to paragraph (c) of subsection 2 of
NRS 369.490 in a fiscal year, the supplier must pay
a fee equal to the amount of the fee for a license as an importer of wine, beer
and liquor in this state for that fiscal year. The fee is due on or before the
30th calendar day after the date on which the 200th case of wine was shipped
and is valid only for the remainder of the fiscal year in which the 200th case
of wine was shipped.

NRS 369.468Preservation of records for inspection and audit.A supplier who ships liquor into this state
pursuant to paragraph (b) or (c) of subsection 2 of NRS
369.490 shall preserve for inspection and audit by the Department and its
agents, for a period of 4 years, all invoices and lists of liquors shipped to a
location in this state, specifying the:

NRS 369.470Wholesale dealers: Rights of licensees.Wholesale
dealers’ licenses shall permit the holders thereof to sell liquor to
wholesalers, retailers and those instrumentalities of the Armed Forces of the United
States specified in NRS 369.335 only anywhere in
Nevada. Sale by a wholesaler to itself as a retailer is not the transaction of
a bona fide wholesale business.

1. At all times each wholesale dealer
shall keep on hand at a fixed place of business in Nevada liquor of a wholesale
value of at least $1,000.

2. Each wholesale dealer shall keep in a
fixed place of business in Nevada, in such form as may be recommended by the
Department, a record of all liquor received into the State of Nevada, together
with copies of invoices and a monthly inventory of all liquor on hand on the
last day of each month, if requested so to do by the Department.

3. All such liquor, papers and records
shall be exhibited at any time during business hours, on demand, to the
Department or its agents. Any person preventing or interfering with such
inspection is guilty of a misdemeanor.

(a) That it is a privilege to engage in the
business of selling intoxicating liquor at the wholesale or retail level in
this state;

(b) That the Legislature finds it necessary to
impose certain restrictions on the exercise of such privilege; and

(c) That it is the policy of this state to
preclude the acquisition or control of any retail liquor store by a wholesale
liquor dealer.

2. As used in this section, unless the
context requires otherwise:

(a) “Delinquent payment” means the failure of a
retail liquor store to make payment to a wholesale dealer for liquor on or before
the 15th day of the month following delivery by the wholesale dealer.

(b) “Payment” means the full legal discharge of
the debt by the wholesale dealer’s receipt of cash or its equivalent, including
ordinary and recognized means for discharge of indebtedness excepting notes,
pledges or other promises to pay at a future date. A postdated check, a check
not promptly deposited for collection or a check dishonored on presentation for
payment does not constitute payment.

(c) “Payment in cash” means the full legal
discharge of the debt by delivery of cash, money order, certified check or a
cashier’s or similar bank officer’s check.

3. A wholesale dealer shall not:

(a) Loan any money or other thing of value to a
retail liquor store.

(b) Invest money, directly or indirectly, in a
retail liquor store.

(c) Furnish or provide any premises, building,
bar or equipment to a retail liquor store.

(d) Participate, directly or indirectly, in the
operation of the business of a retail liquor store.

(e) Sell liquor to a retail liquor store except
for payment on or before delivery or on terms requiring payment by the retail
liquor store before or on the 10th day of the month following delivery of such
liquor to it by the wholesale dealer.

(f) Sell liquor to a retail liquor store which is
delinquent in payment to such wholesale dealer except for payment in cash on or
before delivery.

4. On the 15th day of the month following
the delivery of liquor and on the 15th day of each month thereafter, the
wholesale dealer shall charge a retail liquor store which is delinquent a
service charge of 1.5 percent of the amount of the unpaid balance.

5. The Department may impose the following
penalties on a wholesale dealer who violates any of the provisions of this
section within any 24-month period:

(a) For the first violation a penalty of not more
than $500.

(b) For the second violation a penalty of not
more than $1,000.

(c) For the third and any subsequent violation a
penalty of not more than $5,000 or by a license suspension, or by both such
penalty and suspension.

6. The Department may, upon its own
motion, and shall, upon the verified written complaint of any wholesale dealer,
investigate the possible violation of any of the provisions of this section by
any wholesale dealer.

1. If a supplier designates a wholesale
dealer as the designated importer of a brand of liquor pursuant to NRS 369.386, the wholesale dealer may, without any
additional designation or further consent from the supplier, receive original
packages of that brand of liquor from an affiliate of the wholesale dealer
located outside of this State if:

(a) The affiliate operates a warehouse outside
this State from which the affiliate ships the liquor;

(b) The affiliate is licensed as a wholesaler for
the liquor in the state from which the affiliate ships the liquor;

(c) The wholesale dealer registers the name and
address of the affiliate’s warehouse with the Department on a form prescribed
by the Department;

(d) Within 10 days after the affiliate ships the
liquor to the wholesale dealer, the affiliate submits to the Department, with
documentation, a report stating:

(1) The name and address of the wholesale
dealer to whom the liquor was shipped;

(2) The name and address of the person
from whom the affiliate purchased the liquor;

(3) The brand of liquor shipped;

(4) The quantity of liquor shipped in
gallons, rounded to the nearest one-hundredth; and

(5) The percentage of alcohol by volume;
and

(e) As soon as practicable after receiving the
liquor, the wholesale dealer reports the receipt of the liquor to the
Department. The wholesale dealer shall pay all applicable excise taxes imposed
by this chapter on that liquor on or before the 20th day of the month following
the month in which the liquor was received by the wholesale dealer.

2. A wholesale dealer may not receive more
than 15 percent of the total amount of any brand of liquor imported into this
State during a calendar year pursuant to this section. Any liquor received by
the wholesale dealer from an affiliate pursuant to this section must be
purchased in accordance with the terms and conditions of the wholesaler’s franchise
with the supplier.

3. A transfer of liquor pursuant to this
section is not a purchase or sale of that liquor.

4. An affiliate of a wholesale dealer
located outside this State who ships liquor pursuant to this section is not
engaged in business as a supplier for the purposes of this chapter and chapter 597 of NRS. The provisions of this
subsection do not authorize a wholesale dealer to receive liquor from an
affiliate who is a supplier, as defined in NRS
597.140, or the holder of a certificate of compliance issued pursuant to NRS 369.430.

5. As used in this section:

(a) “Affiliate” means a wholesale dealer or a
person who, directly or indirectly through one or more intermediaries,
controls, is controlled by or is under common control with, a wholesale dealer.
As used in this paragraph, “control” means not less than 50 percent control,
directly or indirectly, through one or more intermediaries.

1. Except as otherwise provided in NRS 369.4865, a retail liquor store may receive and
store liquor and transfer an original package of liquor to another retail
liquor store, and that other retail liquor store may receive the original
package of liquor pursuant to the transfer, if:

(a) Each retail liquor store is in the marketing
area of the wholesale dealer that holds the franchise for the brand of liquor
purchased as indicated by the forms filed by the wholesale dealer with the
Department;

(b) The retail liquor store obtains a special
permit for the transportation pursuant to subsection 4 of NRS 369.450; and

(c) The initial retail liquor store:

(1) Obtained the original package of
liquor in compliance with the provisions of this chapter and chapter 597 of NRS; and

(2) Is an affiliate of the retail liquor
store that receives the transfer.

2. A transfer of an original package of
liquor between retail liquor stores which are not located within the same
marketing area may occur only if:

(a) The wholesale dealers in the marketing areas
where the retail liquor stores are located:

(1) Are affiliates;

(2) Consent, in writing, to the transfer;
and

(3) Hold the franchises for the brands of
liquor purchased in each marketing area involved in the transfer;

(b) The retail liquor store obtains a special
permit for the transportation pursuant to subsection 4 of NRS 369.450; and

(c) The initial retail liquor store:

(1) Obtained the original package of
liquor in compliance with the provisions of this chapter; and

(2) Is an affiliate of the retail liquor
store that receives the transfer.

3. A transfer authorized by this section
shall not be deemed a sale.

4. A retail liquor store that transfers or
receives an original package of liquor as authorized by this section:

(a) Shall not be deemed to be engaged in business
as a wholesale dealer based upon the transfer authorized by this section; and

(b) Shall not sell any original package of liquor
that has been transferred to any other wholesale dealer or retail liquor store.

5. A wholesale dealer shall notify the
retail liquor stores located in the marketing area of the wholesaler dealer of
the boundaries of that marketing area.

6. As used in this section:

(a) “Affiliate” means a person who, directly or
indirectly through one or more intermediaries, controls, is controlled by or is
under common control with, a specified person.

(c) “Liquor” does not include beer or malt-based
beverages, but does include flavored malt beverages if the supplier and the
wholesale dealer holding the franchise for such flavored malt beverages consent
in writing. As used in this paragraph, “flavored malt beverages” means flavored
malt beverages that are not marketed, merchandised or sold as beer.

1. Except as otherwise provided in
subsection 2, a retail liquor store that holds a nonrestricted license may
transfer an original package of liquor to another retail liquor store that
holds a nonrestricted license, and that other retail liquor store may receive
the original package of liquor pursuant to the transfer, if:

(a) Each retail liquor store:

(1) Holds its nonrestricted license for
the purposes set forth in subsection 2 of NRS
463.0177; and

(2) Is in the marketing area of the
wholesale dealer from which the original package of liquor was obtained by the
initial retail liquor store;

(b) The initial retail liquor store:

(1) Obtained the original package of
liquor in compliance with the provisions of this chapter;

(2) Is an affiliate of the retail liquor
store that receives the transfer; and

(3) Does not charge the retail liquor
store that receives the transfer for the original package of liquor;

(c) Immediately before the transfer, the original
package of liquor is located at the initial retail liquor store; and

(d) Pursuant to the transfer, the original
package of liquor is transported from the initial retail liquor store to the
other retail liquor store.

2. A retail liquor store that holds a
nonrestricted license may transfer an original package of beer to another
retail liquor store that holds a nonrestricted license, and that other retail
liquor store may receive the original package of beer pursuant to the transfer,
if the wholesale dealer of the beer authorizes, in writing, the nonrestricted
licensee to make such a transfer.

3. A transfer authorized by this section
shall not be deemed a sale.

4. A retail liquor store that transfers or
receives an original package of liquor as authorized by this section:

(a) Shall not be deemed to be engaged in business
as a wholesale dealer based upon the transfer authorized by this section.

(b) Notwithstanding the provisions of subsection
4 of NRS 369.450, may transport the original
package of liquor from the initial retail liquor store to the other retail
liquor store without a special permit for such transportation.

1. A retailer who intends to make a bulk
sale of liquor shall, at least 30 days before the proposed bulk sale, provide
notice to:

(a) A wholesaler who currently sells liquor to
the retailer; and

(b) A wholesaler who has sold liquor to the
retailer within the immediately preceding 12 months.

2. The notice provided pursuant to
subsection 1 must state:

(a) That a sale of liquor which may constitute a
bulk sale will be made;

(b) The prospective date of the bulk sale;

(c) The individual, partnership or corporate
names and addresses of the retailer and the purchaser of the bulk sale; and

(d) The address to which inquiries about the bulk
sale may be made, if different from the retailer’s address.

3. If the retailer owes a debt to the
wholesaler associated with the purchase of the liquor that will be sold or
transferred through the bulk sale, the notice provided pursuant to subsection 1
must be accompanied by:

(a) A signed affidavit of the retailer which
states that the debt owed to the wholesaler will be paid by the retailer to the
wholesaler from the proceeds of the bulk sale; or

(b) A signed assumption of the debt by the
purchaser of the bulk sale, assuming all the debt owed by the retailer to the
wholesaler.

4. Any bulk sale subject to the provisions
of this section is void if the retailer fails to satisfy the requirements of
subsection 2 or 3, as applicable.

5. As used in this section, “bulk sale”
means the sale or transfer to a purchaser in bulk, and not in the ordinary
course of the retailer’s business, of 50 percent or more of the liquor sold by
a wholesaler to the retailer and in the retailer’s possession.

NRS 369.487Retailers to purchase liquor only from state-licensed
wholesalers; exceptions.Except as
otherwise provided in subsection 2 of NRS 369.176
and NRS 369.4865 and 597.240, no retailer or retail liquor
dealer may purchase any liquor from other than a state-licensed wholesaler.

1. Except as otherwise provided in
subsection 2 and NRS 369.176, a person shall not
directly or indirectly, himself or herself or by his or her clerk, agent or
employee, offer, keep or possess for sale, furnish or sell, or solicit the
purchase or sale of any liquor in this State, or transport or import or cause
to be transported or imported any liquor in or into this State for delivery,
storage, use or sale therein, unless the person:

(a) Has complied fully with the provisions of
this chapter; and

(b) Holds an appropriate, valid license, permit
or certificate issued by the Department.

2. Except as otherwise provided in
subsection 3, the provisions of this chapter do not apply to a person:

(a) Entering this State with a quantity of
alcoholic beverage for household or personal use which is exempt from federal
import duty;

(b) Who imports 1 gallon or less of alcoholic
beverage per month from another state for his or her own household or personal
use;

(c) Who:

(1) Is a resident of this State;

(2) Is 21 years of age or older; and

(3) Imports 12 cases or less of wine per
year for his or her own household or personal use; or

(d) Who is lawfully in possession of wine
produced on the premises of an instructional wine-making facility for his or
her own household or personal use and who is acting in a manner authorized by NRS 597.245.

3. The provisions of subsection 2 do not
apply to a supplier, wholesaler or retailer while he or she is acting in his or
her professional capacity.

4. A person who accepts liquor shipped
into this State pursuant to paragraph (b) or (c) of subsection 2 must be 21
years of age or older.

NRS 369.510Powers of boards of county commissioners, governing bodies of
cities and Department of Taxation.

1. In any investigation, proceeding or
hearing which, under the provisions of this chapter, the board of county
commissioners or the governing body of a city is empowered to institute,
conduct or hold, the board of county commissioners or the governing body shall
have the power to administer oaths, certify to official acts, and issue
subpoenas for the attendance of witnesses and the production of books, papers
and records.

2. In like proceedings before it, the
Department shall have the same powers as those enumerated in subsection 1.

NRS 369.520Preservation of invoices.All
persons obtaining liquor under any license or permit and all retail liquor
dealers shall preserve for inspection and audit by the Department and its
agents, for a period of 4 years, all invoices and lists of liquors purchased or
received, specifying:

1. In order to obtain evidence of any
violation of this chapter, the Department, its agents, and all peace officers
and revenue-collecting officers of this state shall have the right of visitation
and inspection of any vehicle or place where they may have reason to believe
liquor is stored, warehoused or kept for sale, or which might be in transit on
or in other than common, contract or permitted carriers. Such visitation and
inspection shall be conducted during business hours and no domicile shall be
searched except by virtue of a search warrant.

2. Whenever a vehicle other than a common
or contract carrier is stopped, the operator shall be required to exhibit his
or her permit of conveyance, and if the operator has none he or she shall be
dealt with according to law or the regulations of the Department.

1. Except as otherwise expressly provided
in this chapter, any person violating any of the provisions of this chapter,
except NRS 369.4863, or knowingly violating any
regulation of the Department made for the enforcement of the provisions of this
chapter shall be punished, upon conviction thereof, as for a misdemeanor.

2. Any person violating any provision of NRS 369.4865 is liable to the Department for a civil
penalty of not more than $1,000 for each violation. The civil penalty
prescribed in this subsection is in addition to any criminal penalty or other
remedy or penalty available for the same conduct.

1. A wholesale dealer may bring an action
in a court of competent jurisdiction against a retail liquor store and another
wholesale dealer who knowingly transfer:

(a) An original package of liquor between
marketing areas without the consent of the wholesale dealer as required by
subsection 2 of NRS 369.4863; or

(b) An original package of beer between retail
liquor stores without complying with the provisions of this chapter,

Ê and is
entitled to an award of $1,000 for each violation and may recover the damages
sustained by him or her, together with such costs of the action and reasonable
attorney’s fees as authorized by NRS 18.110.

2. If any person knowingly violates any
provision of NRS 369.180, 369.386,
369.388, 369.486, 369.487 or 369.488, a
wholesale dealer, supplier, retailer or retail liquor dealer who is injured by
the violation may bring an action in a court of competent jurisdiction against
the person to recover:

(a) For the first violation, $100 plus treble the
actual damages sustained by him or her, together with such costs of the action
and reasonable attorney’s fees as authorized by NRS 18.110.

(b) For the second violation, $250 plus treble
the actual damages sustained by him or her, together with such costs of the
action and reasonable attorney’s fees as authorized by NRS 18.110.

(c) For the third and any subsequent violation,
$500 plus treble the actual damages sustained by him or her and punitive
damages as the facts may warrant, together with such costs of the action and
reasonable attorney’s fees as authorized by NRS
18.110.

3. A director, officer, agent or employee
or a person engaged in the sale or importation of liquor in this State who
knowingly assists or aids in a violation of this chapter for which an action is
authorized pursuant to this section is liable in such an action.

4. The remedies provided in this section
are independent of and supplemental to any other remedy or remedies available
to a person in law or equity.

NRS 369.600Definitions.As
used in NRS 369.600 to 369.635,
inclusive, unless the context otherwise requires, the words and terms defined
in NRS 369.605 to 369.620,
inclusive, have the meanings ascribed to them in those sections.

NRS 369.610“Alcoholic beverage awareness program” defined.“Alcoholic beverage awareness program” means a
program designed to educate persons who sell or serve alcoholic beverages or
perform the duties of a security guard at an establishment.

NRS 369.625Development and contents of curriculum for program;
certification and operation of program; adoption of regulations.

1. The Commission shall, in cooperation
with state and local law enforcement agencies, develop a curriculum for an
alcoholic beverage awareness program.

2. The curriculum described in subsection
1:

(a) Must consist of not fewer than 2 hours of
instruction; and

(b) Must include, without limitation, instruction
on the following topics:

(1) The clinical effects of alcohol on the
human body;

(2) Methods of identifying intoxicated
persons;

(3) Relevant provisions of state and local
laws concerning the selling and serving of alcoholic beverages;

(4) Methods of preventing and halting
fights, acts of affray and other disturbances of the peace; and

(5) Methods of preventing:

(I) The entry of minors into
establishments in which minors are prohibited from loitering pursuant to NRS 202.030;

(II) The purchase, consumption and
possession of alcoholic beverages by minors as prohibited pursuant to NRS 202.020, including, without
limitation, the recognition of altered or falsified forms of identification;
and

(III) The selling and furnishing of
alcoholic beverages to minors as prohibited pursuant to NRS 202.055.

3. The Administrator of the Commission may
certify an alcoholic beverage awareness program if the Administrator determines
that:

(a) The program meets the curricular requirements
set forth in subsection 2; and

(b) The persons who will serve as instructors for
the program are competent and qualified to provide instruction in the
curriculum of the program.

4. An alcoholic beverage awareness program
certified by the Commission:

(a) Must not cost a person more than $40 to
complete; and

(b) May be presented through the use of
audiovisual technology. As used in this paragraph, “audiovisual technology”
includes, without limitation, the use of closed-circuit video,
videoconferencing, videotapes, computers, television, the Internet or any other
electronic means of communication, or any combination thereof.

5. The Commission shall adopt such
regulations:

(a) As the Commission determines to be necessary
or advisable to carry out the provisions of this section; and

(b) As are necessary to ensure that a person who
successfully completes an alcoholic beverage awareness program certified
pursuant to subsection 3 receives a card which verifies that the person has
successfully completed that program. The regulations must provide additionally
that a card described in this paragraph:

(1) Is valid for a period of 4 years from
the date of issuance and may be renewed for like consecutive periods upon
successful completion by the holder of the card of an alcoholic beverage
awareness program certified by the Commission; and

(2) Must be honored, in any jurisdiction
in which the provisions of NRS 369.630 apply, as
indicia of the successful completion of an alcoholic beverage awareness program
certified by the Commission.

6. As used in this section, “minor” means
a person who is under 21 years of age.

NRS 369.630Completion of certified program by certain employees of
establishment: Duties of owner or operator of establishment; notice of civil
infraction; payment and disposition of civil fine; denial of liability for
infraction; applicability of provisions.

1. Except as otherwise provided in subsection
7, on and after July 1, 2007, a person who owns or operates an establishment
shall not:

(a) Hire a person to sell or serve alcoholic
beverages or perform the duties of a security guard at the establishment
unless:

(1) The person hired to sell or serve
alcoholic beverages or perform the duties of a security guard at the
establishment has already successfully completed a certified program and
already holds a valid alcohol education card; or

(2) The person who owns or operates the
establishment ensures that the person hired to sell or serve alcoholic
beverages or perform the duties of a security guard at the establishment,
within 30 days after the date on which he or she is hired, successfully
completes a certified program and obtains a valid alcohol education card; or

(b) Continue to employ a person who was hired
before that date to sell or serve alcoholic beverages or perform the duties of
a security guard at the establishment unless:

(1) The person who continues to be
employed to sell or serve alcoholic beverages or perform the duties of a
security guard at the establishment has already successfully completed a
certified program and already holds a valid alcohol education card; or

(2) The person who owns or operates the
establishment ensures that the person who continues to be employed to sell or
serve alcoholic beverages or perform the duties of a security guard at the
establishment, not later than July 31, 2007, successfully completes a certified
program and obtains a valid alcohol education card.

2. A violation of this section is a civil
infraction, and when an owner or operator of an establishment is found in
violation pursuant to subsection 3, a notice of infraction must be issued on a
form prescribed by the Department, and must contain, without limitation, the
following information:

(a) The location at which the violation occurred;

(b) The date and time of the violation;

(c) The name of the establishment and the owner;

(d) The signature of the person who issued the
notice of infraction;

(e) A copy of this section which allegedly is
being violated;

(f) Information which advises of the manner in
which, and the time within which, the notice of infraction must be answered;
and

(g) Any other reasonable information which is
prescribed by the Department.

3. The notice of infraction may be issued
by any peace officer or by any person who is authorized by the Department to
issue such a notice. A duplicate of the notice of infraction must be served on
the person to whom it is issued either in person, by providing the notice to
the person in charge of the establishment at the time the notice of infraction
is issued, or by affixing the notice to the establishment in a conspicuous
place.

4. The notice of infraction or a facsimile
thereof must be filed with the Department and retained by the Department and is
deemed to be a public record of matters which are observed pursuant to a duty
imposed by law and is prima facie evidence of the facts which are alleged
therein.

5. A person who responds to the notice of
infraction must:

(a) Admit the commission of the infraction by
paying to the Department the appropriate civil fine:

(1) For the first violation within a
24-month period, $500.

(2) For the second violation within a
24-month period, $1,000.

(3) For the third and any subsequent
violation within a 24-month period, $5,000.

(b) Deny liability for the infraction by
notifying the Department and requesting a hearing in the manner indicated on
the notice of infraction. Upon receipt of such a request, the Department shall
afford to the person making the request an opportunity for a hearing pursuant
to the provisions of NRS 233B.121.

6. Of the money collected by the
Department from a civil fine pursuant to subsection 5:

(a) Fifty percent must be deposited with the
State Treasurer for credit to the Account for Aid for Victims of Domestic
Violence created by NRS 217.440.

(b) Fifty percent must be deposited in the
account created in the State General Fund for the support of community juvenile
justice programs and must be used only to enforce laws that prohibit the
purchase, consumption or possession of alcoholic beverages by persons under the
age of 21 years.

7. The provisions of this section apply
only in a jurisdiction that:

(a) Is located in a county whose population is
100,000 or more; or

(b) Is located in a county whose population is
less than 100,000, if the governing body of the jurisdiction has, by the
affirmative vote of a majority of its members, agreed to be bound by the
provisions of this section.

NRS 369.635Adoption by political subdivision of certain requirements or
standards prohibited; exception.

1. Except as otherwise provided in
subsection 2 and NRS 369.600 to 369.635, inclusive, no agency, board, commission,
local government or other political subdivision of this State may adopt any
requirements or standards for the education of persons employed to sell or
serve alcoholic beverages at an establishment.

2. The prohibition set forth in subsection
1 does not apply with respect to a jurisdiction in which the provisions of NRS 369.630 do not apply.